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Committee advances bill barring unauthorized encampments on college campuses after testimony on both free speech and safety
Summary
HB 28‑80, which would prohibit unauthorized encampments on university and community college campuses and require institutions to direct occupants to dismantle structures and vacate, advanced from committee amid competing claims about First Amendment protections and campus safety.
The House Education Committee on Feb. 17 returned House Bill 28‑80 with a due pass recommendation after a contentious public hearing. The bill would prohibit unauthorized encampments on university or community college campuses, require campus officials to order dismantling and removal, and authorize law enforcement or campus security to remove individuals who refuse to comply. Sponsors emphasized safety and continuity of instruction; opponents warned of First Amendment implications.
Sponsor Representative Alma Hernandez introduced the measure and said it simply reinforces existing code of conduct language used by Arizona Board of Regents (ABOR) institutions and community colleges. Hernandez told the committee she would offer a technical amendment to clarify the bill is not intended to legalize approved, permitted demonstrations; rather it aims to prevent occupied encampments that become disruptive or dangerous. "There is no legal right or authority to camp on university property," she said, summarizing the bill's intent.
Opponents, including civil liberties and student‑rights groups, warned the bill would chill protected speech and risk unconstitutional restriction. The ACLU's policy director said campuses are traditional forums for protest and that camping can be expressive conduct deserving First Amendment protection; the ACLU urged the committee to vote no and argued that universities already have tools to regulate activities in a viewpoint‑neutral way. Students and community members who testified against the bill urged dialogue and warned that removal would criminalize peaceful dissent.
Supporters included clergy and community leaders who reported violent or harassing incidents associated with some recent encampments and urged stronger authority to keep campuses safe for students. Rabbi Alayush, citing students' accounts of harassment, urged the committee to pass the bill to "ensure our campuses remain places of social construction and not social destruction."
After debate, the committee adopted the amendment clarifying administrative authority and returned HB 28‑80 with a due pass recommendation. The clerk announced the committee vote as 9 ayes, 0 nos, 3 present and 0 absent. The bill now moves to floor scheduling for further consideration.
